Join Jonathan I. Shenkman, President & CIO of ParkBridge Wealth Management, as he goes “IN FOCUS” to explore more advanced wealth planning topics.

Today, we will discuss “Unraveling the Challenges in Estate Planning: Navigating Copyright Law and Preserving Creator Intent” featuring Marc Misthal and Michelle Yeung both of Offit Kurman based in New York City.

This week’s episode show will cover ways to guide your creator clients to protect their estate plans through the lens of the Copyright Act termination rights. One of the goals of the Copyright Act of 1976 was to protect artists and creators from the avaricious entertainment and publishing industries. In doing so, it also created the unintended consequence of forced heirship. The Copyright Act allows creators to terminate any inter vivos transfers of copyright and reclaim ownership of their copyright 35 years after the date of transfer (which was repeated when copyright terms were extended in 1998). If the creator does not exercise their right while alive, then it is inheritable by their “statutory heirs,” giving them the ability to undo or spoil the creator’s estate plans.

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